Where a wife has to file notice of Talaq

Citation Name : 2010 YLR 1 LAHORE-HIGH-COURT-LAHORE

Side Appellant : Khawaja MUHAMMAD SHOAIB

Side Opponent : NAZIM UNION COUNCIL

Ss. 7 & 8— West Pakistan Rules under the Muslim Family Laws Ordinance, 1961, R.3(b)—Constitution of Pakistan (1973), Art.199—Constitutional petition—Notice of divorce—Territorial limits—Effect–-Petitioner had challenged the notice of divorce filed by wife in the concerned Union Council on the ground that such notice was required to be filed at a place of residence of the spouse against whom such right was to be exercised–-Wife controverted the assertions submitted by petitioner and contended that the provisions of R.3(b) of the West Pakistan Rules under the Muslim Family Laws Ordinance, 1961 applied mutatis mutandis to wife and she could file such notice at the place where she resided—Validity—Language of the rule asserted by petitioner was to be given its literal interpretation and the right of divorce exercised either by husband or by wife had to be notified to the Union Council where the wife/woman resided at the relevant time—Section 8 read with S.7 of the Muslim Family Laws Ordinance 1961 and R.3(b) of the West Pakistan Rules under the Muslim Family Laws Ordinance 1961 clearly showed that the Union Council within whose territorial limits the woman resided, had the requisite jurisdiction in the matter—High Court declined to interfere in constitutional jurisdiction.